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  1. I Am Not Your (Founding) Father.Mikołaj Barczentewicz - forthcoming - In Richard Albert, Nishchal Basnyat & Menaka Guruswamy (eds.), Founding Moments in Constitutionalism. Hart Publishing.
    Lawyers across the globe routinely talk about what the ‘founding fathers’ or the ‘framers’ of their constitution (or a founding treaty) meant, expected, intended and so on. The point of this paper is that some of the founding fathers talk in legal contexts is confused, because it refers to people who did not make the constitution. I help to dispel the confusion through analysis of what does it mean to be an agent behind making a constitution as law – what (...)
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  2. Constitution Making and Institutional Innovation: The European Union and Multisited Federalism.James Bohman - forthcoming - European Journal of Political Theory.
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  3. What’s Constitutional About Revolutions?Erika Arban & Dinesha Samararatne - 2022 - Oxford Journal of Legal Studies 42 (2):680-701.
    Theorists have flirted with the idea of revolution for quite some time, mainly exploring the political, social and constitutional implications of this idea. Revolutions are easily associated with images of violent upsurges, social unrest and overturning of ruling leaders. However, there is a close link between revolutions and constitutionalism more generally: in fact, a revolution is often followed by a new constitutional moment, and the idea of ‘revolution’ has even been used in the context of judicial decision making. In theoretical (...)
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  4. James Tully: To Think and Act Differently.Alexander Livingston - 2022 - London: Routledge.
    James Tully’s scholarship has profoundly transformed the study of political thought by reconstructing the practice of political theory as a democratising and diversifying dialogue between scholars and citizens. Across his writings on topics ranging from the historical origins of property, constitutionalism in diverse societies, imperialism and globalisation, and global citizenship in an era of climate crisis, Tully has developed a participatory mode of political theorising and political change called public philosophy. This practice-oriented approach to political thought and its active role (...)
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  5. AV Dicey and the Making of Common Law Constitutionalism†.Martin Loughlin - 2022 - Oxford Journal of Legal Studies 42 (1):366-382.
    The work of the mid-Victorian jurist, AV Dicey, has had a remarkable influence on British constitutional thought, not least in establishing the orthodox framework within which modern constitutional lawyers continue to work. That legal positivist framework has, however, recently been challenged by jurists advocating what is generally called common law constitutionalism. Accepting the core of sense in Dicey’s account, their objective has been to revise some of the jurisprudential underpinnings of his framework for the purpose of showing that the dominant (...)
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  6. “Administrative Constitutionalism”: Considering the Role of Agency Decision-Making in American Constitutional Development.David E. Bernstein - 2021 - Social Philosophy and Policy 38 (1):109-129.
    The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in American constitutional (...)
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  7. Constituent Power and the Law.J. Reese Faust - 2021 - Contemporary Political Theory 20 (4):184-187.
    A review of Joel Colón-Ríos' excellent 2020 book Constituent power and the law.
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  8. Disobedience of Judges as a Problem of Legal Philosophy and Comparative Constitutionalism: A Polish Case.Mateusz Pilich - 2021 - Res Publica 27 (4):593-617.
    The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to (...)
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  9. Positive and Negative Constitutionalism and the Limits of Universalism: A Review Essay.Adrienne Stone & Lael K. Weis - 2021 - Oxford Journal of Legal Studies 41 (4):1249-1271.
    — In The Principles of Constitutionalism, Nicholas Barber provides a sophisticated yet highly readable introduction to fundamental constitutional principles. At the same time, Barber seeks to reorient constitutional theory scholarship away from a mistaken ‘negative’ understanding of constitutionalism towards a ‘positive’ understanding. This essay examines that argument. We suggest that the idea of ‘positive constitutionalism’ has a weaker and a stronger sense. In its weak form, the argument calls for greater attention to what constitutions enable as well as what they (...)
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  10. Unpacking the Separation of Powers.Jiří Baroš, Pavel Dufek & David Kosař - 2020 - In Antonia Baraggia, Cristina Fasone & Luca Pietro Vanoni (eds.), New Challenges to the Separation of Powers : Dividing Power. Cheltenham, UK: pp. 124–143.
    The chapter explores the architecture of the concept of the separation of powers, by means of distinguishing several components which make up the conceptual but also institutional structure of separation of powers. We then identify particular deficiencies in both the theory and practice of separation of powers, furnishing our conceptual exploration with examples of populist assaults on the principle of separation of powers, as they happened mainly, although not exclusively, in the Central European context. The intended contribution is three-fold. First, (...)
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  11. The Choice of Efficiencies and the Necessity of Politics.Michael Bennett - 2020 - Critical Review of International Social and Political Philosophy:1-20.
    Efficiency requires legislative political institutions. There are many ways efficiency can be promoted, and so an ongoing legislative institution is necessary to resolve this choice in a politically sustainable and economically flexible way. This poses serious problems for classical liberal proposals to constitutionally protect markets from government intervention, as seen in the work of Ilya Somin, Guido Pincione & Fernando Tesón and others. The argument for the political nature of efficiency is set out in terms of both Pareto optimality and (...)
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  12. Hierarchy, Formal Principles, and a Non-Positivistic Constitutionalism. Comments on Gabriel Encinas’ ‘Interlegal Balancing’.Wei Feng - 2020 - Working Papers of Center for Interlegality Research.
  13. Demokratisierung durch „Cancel Culture“: Zum Verhältnis von Kunstfreiheit und Emanzipation.Karsten Schubert - 2020 - Verfassungsblog.
    Vor wenigen Tagen hat das Hamburger Kabarett-Theater Schmidts Tivoli die Zusammenarbeit mit dem Komiker Kay Ray beendet, offenbar weil rassistische Witze in der Show einen zentralen Platz einnehmen. Kurz nach der Cancel-Affäre zwischen Lisa Eckhart und dem Hamburger Nochtspeicher sieht sich nun auch Ray als Opfer von „Cancel Culture“, die die Kunstfreiheit immer weiter einschränke. Um die Kunst und Kunstfreiheit geht es dabei aber eigentlich gar nicht. Sie ist nur der Austragungsort gesellschaftspolitischer Auseinandersetzungen um Sexismus, Rassismus und Transphobie. Dabei sind (...)
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  14. The Tragedy and Promise of Self-Determination.Brian Slattery - 2020 - Yale Law Journal 129.
    The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.
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  15. Renaming States—A Case Study: Changing the Name of the Hungarian State in 2011. Its Background, Reasons, and Aftermath.Peter Takács - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):899-927.
    A provision of the Hungarian constitution, adopted in 2011, has renamed the state. The name changed from the Republic of Hungary to Hungary, while the form of the state has remained “republic”. The purpose of this study is to explore the meaning, significance, and several consequences of this provision. The analysis consists of three main parts. The first one gives a general overview of the functions of the names of states. It claims that not only names but also changing or (...)
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  16. Situating Legislated Rights: Legislative and Judicial Role in Contemporary Constitutional Theory.Lael K. Weis - 2020 - Jurisprudence 11 (4):621-631.
    This review essay examines the contribution of Legislated Rights (Webber et al, Cambridge 2018) to a central issue in constitutional theory: namely, how the institutional division of labour between the legislature and the judiciary with respect to the task of giving effect to constitutional rights is best understood and conceived. In doing so, the essay situates the work within contemporary scholarship and adopts a broadly comparative lens — a perspective that is mindful of key developments in constitutional law and theory (...)
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  17. Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  18. Review of Andrew Arato, The Adventures of the Constituent Power. [REVIEW]Mikołaj Barczentewicz & Alice Schneider - 2019 - American Journal of Comparative Law 67:219–225.
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  19. Constitutional Democracy in the Age of Populisms: A Commentary to Mark Tushnet’s Populist Constitutional Law.Valerio Fabbrizi - 2019 - Res Publica:1-17.
    This contribution aims at discussing constitutional democracy in the age of populisms, by explaining how populist movements oppose liberal-democratic constitutionalism and by presenting the thesis of a so-called ‘populist constitutionalism’, as proposed by Mark Tushnet. In the first section, a general and analytic exploration of populist phenomena will be drawn, by focusing on the so-called thesis of a ‘populist’ constitutionalism. In the second part, Tushnet’s arguments for a populist constitutionalism will be presented, through the analysis of his two main contributions: (...)
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  20. Teorie della democrazia, costituzionalismo e ruolo delle Corti Una riflessione teorica.Valerio Fabbrizi - 2019 - Politica & Società: Periodico di filosofia politica e studi sociali 1 (1):115-146.
    This article deals with democratic constitutionalism in order to investigate the proper nature of constitutionalism, by wondering about its peculiarities and specific objects. Against this background, this essay aims at providing a paradigmatic definition of constitutional theory, for more specifically exploring its different undertones. For this reason, the first section of the article offers an analysis of the most relevant theoretical contributions within modern and contemporary constitutionalism. Thus, the first section explores Carl Schmitt’s, Hans Kelsen’s and Robert Dahl’s definition of (...)
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  21. The Rule of Good Law: Form, Substance and Fundamental Rights.Michael P. Foran - 2019 - Cambridge Law Journal 78 (3):570-595.
    This paper explores the effect that conformity to the rule of law has on the ends which might legitimately be pursued within a legal system. The neat distinction between formal and substantive conceptions of the rule of law will be challenged: even apparently formal conceptions necessarily affect the content of law and necessarily entail the protection of certain fundamental rights. What remains of the formal/substantive dichotomy is, in fact, a distinction between conceptions of the rule of law which guarantee the (...)
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  22. Sovereignty in Action.Bas Leijssenaar & Neil Walker (eds.) - 2019 - Cambridge: Cambridge University Press.
    Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and refined through constitutional arrangements. Today these inherited understandings of sovereignty confront various new challenges, including those of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key historical writers and trends from the seventeenth century onwards, (...)
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  23. The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech. By Mary Anne Franks. Pp. 272, Stanford, CA, Stanford University Press, 2019, $26.00. [REVIEW]Sean Otto - 2019 - Heythrop Journal 60 (6):963-964.
    In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as (...)
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  24. On the View That People and Not Institutions Bear Primary Credit for Success in Governance: Confucian Arguments.Justin Tiwald - 2019 - Journal of Confucian Philosophy and Culture 32:65-97.
    This paper explicates the influential Confucian view that “people” and not “institutional rules” are the proper sources of good governance and social order, as well as some notable Confucian objections to this position. It takes Xunzi 荀子, Hu Hong 胡宏, and Zhu Xi 朱熹 as the primary representatives of the “virtue-centered” position, which holds that people’s good character and not institutional rules bear primary credit for successful governance. And it takes Huang Zongxi 黃宗羲 as a major advocate for the “institutionalist” (...)
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  25. Państwo prawa na gruncie filozofii politycznej Immanuela Kanta – dwie interpretacje.Michał Wieczorkowski - 2019 - Archiwum Filozofii Prawa I Filozofii Społecznej 19 (1):108-124.
    The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order (...)
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  26. Transparency in Internet Regulation and Governance: Arguments and Counter-Arguments with Some Methodological Reflections.Gianluca Andresani & Natalina Stamile - 2018 - Revista Brasileira de Estudos Políticos 117:443-476.
    The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...)
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  27. Normativism and Realism Within Contemporary Democratic Constitutionalism.Valerio Fabbrizi - 2018 - Philosophy and Social Criticism 44 (6):1-21.
    The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a rereading of (...)
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  28. Reconciliation and Reification: Freedom's Semblance and Actuality From Hegel to Contemporary Critical Theory.Todd Hedrick - 2018 - Oxford University Press.
    The critical theory tradition has, since its inception, sought to distinguish its perspective on society from more purely descriptive or normative approaches by maintaining that persons have a deep-seated interest in the free development of their personality—an interest that can only be realized in and through the rational organization of society, but which is systematically stymied by existing society. Yet it has struggled to specify this emancipatory interest in a way that avoids being either excessively utopian or overly accommodating to (...)
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  29. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  30. Founding Acts: Constitutional Origins in a Democratic Age by Serdar Tekin. [REVIEW]Christopher Zurn - 2018 - The Review of Politics 80 (1):164-167.
  31. Reformas al Estado Social en América Latina: un análisis desde el desarrollo en el nuevo constitucionalismo latinoamericano.Juan Daniel Giraldo Hincapié, Daniel Fernando Ramírez Martínez & Brigit Joaly Zapata Muñoz - 2017 - Revista Justicia y Derecho 5:68-102.
    Abstract: The New Latin-American Constitutionalism (NCL) is a new theory represented by the last-two decades constitutions of Colombia, Venezuela, Ecuador, and Bolivia. These constitutional texts share special characteristics in their originality and their comprehension of the features of their societies, which have originated new mechanism and institutions in constitutional theory, in order to advance the development of their nations. This paper analyzes the aspects of democracy, economic regulation, and peace building, as fundamental elements of NCL, in order to prove the (...)
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  32. Is Hyperpluralism Compatible with Dualist Constitutionalism? On Alessandro Ferrara's Conception of Multivariate Democratic Polity.Italo Testa - 2017 - Jura Gentium (1):80-95.
    In this essay I first set out the advantages the " multivariate democratic polity " framework proposed by Ferrara offers in comparison to other more consensus-based notions of democratic legitimacy. Secondly, I highlight some ambiguities concerning the meta-theoretical status of this frame, since it is not clear whether it consists of an adaptive realistic description, or otherwise is a normative argument. Thirdly, I cast some doubts on the compatibility between the multivariate frame and the " dualist conception of democratic constitutionalism (...)
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  33. The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...)
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  34. The Rule of Law in the Real World.Paul Gowder - 2016 - New York, USA: Cambridge University Press.
    In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained (...)
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  35. Philosophical Foundations of Judicial Review.Cristina Lafont - 2016 - In David Dyzenhaus (ed.), Philosophical Foundations of Constitutional Law. Oxford: Oxford University Press. pp. 265-282.
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  36. Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law.Jacob Weinrib - 2016 - Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...)
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  37. Review of Lee (2011) From House of Lords to Supreme Court. [REVIEW]H. G. Callaway - 2015 - Law and Politics Book Review 25 (2):22-26.
    The papers collected in the present volume arose from a 2009 seminar organized by the Society of Legal Scholars and the University of Birmingham, and convened at the Law Society’s Hall in Bristol, England. The seminar, “Judges and Jurists: Reflections on the House of Lords,” commemorated the centenary of the Society; and it chiefly focused on the transition from the House of Lords, as the U.K.’s court of final appeals, to the prospects of the newly instituted United Kingdom Supreme Court. (...)
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  38. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
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  39. Fraternity.Deepa Kansra - 2013 - In The Preamble. New Delhi, Delhi, India: Universal Publishers Ltd. Co.. pp. 184-195.
    From the scholarship available we can gather that fraternity has been subjected to several interpretations and linked with several virtues. For a few, it stands close to the actualities of solidarity, humanity, compassion, companionship, and brotherhood. For others, it is the “glue that binds equality and liberty to the civil society” and “presents a sense of continuity with the past and the future”. Omvedt replaces the word fraternity with “community” as an important component of a human vision for the new (...)
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  40. The Preamble.Deepa Kansra (ed.) - 2013 - New Delhi, Delhi, India: Universal Law Publishing Co..
    Constitutions all over the world are propelling significant reforms and innovations for their respective societies. What ushers such dynamism is a fundamental question. Taking the case of India, the constitutional philosophy as reflected in the text of the Constitution has permitted growth and expansion in terms of rights, opprtunities, institutional arrangements etc. WIthin the constitution, the preamble expresses this philosophy. On preambles, there is growing international consensus on their role in the developement of societies. The preambles are said to have (...)
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  41. The Desirability of a Property Clause: Michelman's Defence of Liberalism.Thaddeus Metz - 2013 - Stellenbosch Law Review 24 (2):312-28.
    I address Frank Michelman’s recent attempts to dispel the notion that there are deep tensions between a liberal approach to constitution making and a resolute commitment to fighting poverty, i.e., to holding what he calls ‘social liberalism’. He focuses on the prima facie tension between anti-poverty struggle on the part of government and the existence of a property clause in a constitution, a tension that several commentators in South Africa have contended requires removing that clause from its Constitution. In reply, (...)
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  42. Constituent Power Beyond the State: An Emerging Debate in International Political Theory.Markus Patberg - 2013 - Millennium - Journal of International Studies 42 (1):224-238.
  43. Entre arbitrariedad y razonabilidad. Hacia una teoría crítica del neoconstitucionalismo.Massimo Cuono - 2012 - Eunomía. Revista En Cultura de la Legalidad 2021 (3):44-60.
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  44. Counter‐Hegemonic Constitutionalism: The Case of Colombia.Nicolás Figueroa García-Herreros - 2012 - Constellations 19 (2):235-247.
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  45. Democratic Constitutionalism as Mediation: The Decline and Recovery of an Idea in Critical Social Theory.Todd Hedrick - 2012 - Constellations 19 (3):382-400.
    This paper has several aims. Its main interpretive task is to argue that the democratic aspirations of contemporary critical theory are informed and haunted by an essentially Hegelian conception of constitutional order that I describe in part 1, according to which the modern state represents an institutional structure that integrates society through rational activity by mediating between the different interests of various social strata, connecting them in a common enterprise—haunted, because this Hegelian vision of making individuals free and “at home” (...)
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  46. Democracy on the Lam: Crisis, Constitutionalism and Extra-Legality.Jennet Kirkpatrick - 2012 - Contemporary Political Theory 11 (3):264-284.
  47. Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  48. Animal Rights and the Interpretation of the South African Constitution (Repr.).Thaddeus Metz - 2012 - In David Bilchitz & Stu Woolman (eds.), Is This Seat Taken? Conversations at the Bar, the Bench and the Academy. Pretoria University Law Press. pp. 209-219.
    In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...)
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  49. Towards a Concept of Human Rights: Inside and Outside Genealogy.Veronica Rodriguez-Blanco - 2012 - Archiv für Rechts- Und Sozialphilosophie 98 (3):346-359.
    Raymond Geuss asserts that there are fragmented views on what human rights are and that there is no unifying principle underlying such notion. I think that this view has its merits. It conveys the particularity of our perspectives, attitudes, desires and self-understandings. It rejects abstractness and is committed to a thick, perspectivist, historical understanding of personhood. To understand who we are, is to understand how we arrive at being who we are. By contrast, the notion of human rights deploys abstractness, (...)
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  50. What Are Constitutions, and What Should (and Can) They Do?Larry Alexander - 2011 - Social Philosophy and Policy 28 (1):1-24.
    A constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by (...)
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